religion in its conceptualisation of national identity, this can influence opportunities for
acquiring or retaining citizenship and cause statelessness. States may use nationality policy
as a way to subdue any perceived threat to domestic security or stability or to preserve the
country’s demographic balance. This can lead to individual or group denationalisation for
reasons varying from criminal acts to “disloyalty”. The same motivations have also
contributed to restrictive naturalisation policies and hesitation on the part of states to fully
resolve the situation of stateless persons within their jurisdiction.
Some states have taken steps to tackle these causes of statelessness. In Egypt, for example,
measures were recently put in place to address the difficulties that had been experienced by
the country’s small Baha’i community for many years, by guaranteeing that members of
religious minorities also have access to personal documentation, thereby strengthening the
state’s efforts to prevent statelessness. In regard to security concerns, the region also provides
examples of laws which successfully marry the desire to exclude from membership of the
state those individuals who are deemed to be a threat, while ensuring that this does not lead
to statelessness. Algeria, for example, permits the loss of nationality on various grounds, but
has a safeguard in place to prevent statelessness from occurring in such situations. Algerian
law also provides the additional protection of the right to a judicial remedy in decisions
affecting nationality.
Women, nationality and statelessness
At the global level, women have traditionally found themselves in a disadvantaged or
dependent position under nationality law. There is a growing global awareness, however, that
gender discrimination in nationality law is in violation of international standards. The MENA
region is an area of the world in which the reform of nationality laws to reflect these
international standards has unfortunately been slower to arrive. The international community,
through for instance the UN treaty bodies, has expressed concern at gender discrimination in
the nationality laws of many MENA countries and the heightened risk of statelessness that
results from such policies – especially for children of mixed-nationality parentage. Civil
society groups have launched a region-wide campaign to amend such discriminatory
legislation which affects a significant number of people. In Lebanon alone, approximately
17,860 Lebanese women are married to non-Lebanese and the children born to these unions
will be at heightened risk of statelessness since they cannot acquire their mother’s nationality
under Lebanese law. Many MENA countries have now pledged their commitment to reform
their nationality laws.
In fact, the campaign for a woman’s equal enjoyment of nationality rights has seen a number
of real victories over the past decade, whereby several countries have adopted amendments to
introduce gender equality in their laws and even taken steps to address any situations of
statelessness that had arisen under the former legislation. Egypt reformed its law in 2004 to
allow a child born to an Egyptian mother to acquire nationality regardless of the father’s
status or the child’s place of birth. The amendment can be invoked retroactively, by
application, for children born before its entry into force. Algeria and Morocco followed suit,
passing reforms in 2005 and 2007 respectively – again with retroactive effect. Iraq’s 2006
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